What Are Punitive Damages in Delaware?
At Silverman, McDonald & Friedman, our experienced personal injury attorneys know how punitive damages work. If you would like to learn about and determine whether your case qualifies for punitive damages, please do not hesitate to get in touch with our firm in Wilmington, Seaford, or Newark today.
Every legal case is unique. It is very important that you speak to a personal injury attorney about your case to determine whether it qualifies for punitive damages. This usually involves looking at the details of your accident and identifying a clear reason why the at-fault party should pay punitive damages to punish or dissuade them and others from committing the harmful behavior again.
Defining punitive damages
Punitive damages (sometimes referred to as exemplary damages) are defined as “extra damages awarded beyond that actually incurred by the plaintiff.” Therefore, if an at-fault party must pay punitive damages, the cost will be in addition to the already-ordered compensatory damages. However, in order for a court to order the defendant to pay punitive damages, there must be some type of willful or intentional behavior that indicates the individual disregarded the well-being of others or acted in a malicious way.
Why would a person be required to pay punitive damages?
A person may be required to pay punitive damages if they acted in a harmful way and the court wants to punish them. Most of the time, punitive damages are awarded if the defendant is found guilty of acting intentionally or being grossly negligent. The goal of these damages is not to provide more money to the plaintiff but instead to deter the defendant from behaving in the same manner and causing the same type of injury to someone else in the future.
Examples of cases that may result in punitive damages
Although it is difficult to say for sure when a case may lead to punitive damages, here are a few situations that may qualify:
- A driver was looking at their phone while traveling over 70 mph in a neighborhood with a speed limit of 25 mph. As a result, they collided with the back of another vehicle and killed all three passengers in a fatal car accident.
- A pharmaceutical company created an over-the-counter medication that they knew could be harmful to customers. However, they chose to allow it to be placed on the shelves of various stores, advertised it as completely safe, and actively hid the harmful effects it could cause. As a result, individuals across the country started becoming ill and developing serious medical conditions.
- A motorcyclist rode their motorcycle while under the influence of alcohol. As a result, the motorcyclist failed to stop at a pedestrian crosswalk and ran over two pedestrians, causing them to become critically injured.
- An auto manufacturer knowingly placed a defective part on a vehicle without warning the customers or public about the dangers that could happen if it failed. As a result, those who purchased the vehicles became involved in accidents and experienced serious or fatal injuries.
When deciding to award punitive damages, the courts will determine whether the at-fault party acted recklessly, carelessly, or grossly negligent. They will also look at what type of record the individual has and whether they have committed similar offenses in the past. In addition, the courts may refer to other cases to identify whether punitive damages were awarded for similar behaviors or actions.
What factors increase the chances of punitive damages being awarded in a Delaware personal injury case?
There are several factors that may increase the chances of punitive damages being awarded in a Delaware personal injury case. Here are five of the factors:
- The extent of carelessness, recklessness, malice, or gross negligence that the person exhibited
- How much harm or the severity of harm that the plaintiff suffered
- Whether the defendant previously committed similar offenses or whether there is a pattern of similar behaviors that have hurt other people in the past
- The at-fault party’s financial circumstances and whether the punitive damages will make a difference in deterring or dissuading this behavior in the future
- What type of punishment the at-fault party has already received for their wrongdoing
Are there limits on the amount of punitive damages an at-fault party may be required to pay?
There is currently no limit on the amount of punitive damages an at-fault party may be required to pay in Delaware. However, the punitive damages award should relate to the amount of compensatory damages.
What are the chances of punitive damages being awarded?
There is a low chance of punitive damages being awarded. Data shows that just three to five percent of all cases resulted in punitive damages. However, with a personal injury lawyer by your side, you may be able to increase your chances of receiving punitive damages to ensure that no one else is subject to the harm you endured.
Are there other damages I can claim in a personal injury case?
Yes, you can claim compensatory damages in a personal injury case. These may be economic or non-economic damages to help you pay for the financial or non-financial costs you have accumulated from the accident. The following are some examples of compensatory damages you can recover in a personal injury case:
Economic damages:
- Medical bills
- Lost income
- Property damage and repairs
- Prescriptions
- Home modifications
- Caregiving assistance
- Physical therapy or occupational therapy
- Counseling or psychiatric appointments
- Costs of travel to appointments
- Funeral and burial expenses
Non-economic damages:
- Physical and chronic pain
- Mental trauma
- Emotional distress and anguish
- Loss of quality of life
- Loss of enjoyment of activities
- Disfigurement
- Scarring
- Disability
- Loss of companionship
- Embarrassment or humiliation
- Damage to reputation
Have you recently been injured in a car accident, construction accident, product liability accident, or any other personal injury accident? If so, the Delaware personal injury lawyers at Silverman, McDonald & Friedman can work tirelessly to protect your rights and help you obtain the maximum compensation you are owed. We look over the facts of your claim, conduct an investigation, determine liability, and ensure that the proper damages are awarded. Please call our office or complete our contact form to schedule a free, no-obligation case review in Wilmington, Seaford, or Newark today.
